The Tribunal may reduce any compensatory award by such proportion as it considers just and equitable. A Tribunal’s decision on this question is ‘so obviously a matter of impression, opinion, and discretion, that there must be a plain error of law or perversity before an appellate court can intervene’. The tribunal must consider: ‘what, if any, part the employee’s own conduct played in causing or contributing to his or her dismissal and then, in the light of that finding, decide what, if any, reduction should be made in assessment of his or her loss.’
Judges:
Stephenson LJ
Citations:
[1983] IRLR 260
Jurisdiction:
England and Wales
Cited by:
Cited – Punch Pub Company Ltd v O’Neill EAT 23-Jul-2010
EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Procedural fairness/automatically unfair dismissal
The Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act . .
Applied – Circle Anglia Ltd v Simons EAT 16-Oct-2012
EAT Unfair Dismissal : Reasonableness of Dismissal – Contributory fault
The majority of the Employment Tribunal, the Employment Judge dissenting, found the Respondent liable for the unfair dismissal for . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 15 May 2022; Ref: scu.421327